removal of conditional GC

[Michael]

Aguila recently got approved and he didnt even show up at the interview

[Mrs. lonely heart]

After reading all the feedback/information you guys presented in this discussion board, a question remains unanswered:
Would I be better off by self petition for conditional removal when the time comes(90 days before conditional GC expires) or I have better chances by applying as a battered spouse(mental abuse)?
How long does it takefor INS to take a decision on your case when self petioning?
Thanks for your feedback!

[sappyconifer]

Mrs. lonely heart,

Ahh! The hazards of accepting all that is written here, without checking sources!

You have a pending divorce that should be final in February. You CAN file a self-petition THEN in February as a divorced alien whose genuine marriage terminated in divorce. Or you can file a waiver as an abused alien in a genuine marriage NOW.

Here's a thumbnail sketch of the waivers available.......

Normally, jointly-filed petitions must be filed within the 90-day period prior to the expiration of the conditional status.

Waiver of Joint-Filing Requirement while Married

There are two situations when an alien that is still legally married can file the I751 without the spouse. These two scenarios are:
1. If the alien entered into a marriage in good faith, but is a battered spouse or a victim of extreme cruelty by the petitioning spouse.
2. If termination of permanent resident status and removal would result in extreme hardship to the alien. The benchmark for extreme hardship is set rather high and can only be based upon circumstances that have come to pass since the alien received conditional PR.

Waiver of Joint-Filing Requirement After Termination of Marital Bond
There are two situations when an alien can file the I751 alone without a continuing marriage. These two scenarios are:

1. Marriage that was bona fide ended in divorce or annulment.
2. Bona fide marriage with a US citizen, but the US citizen petitioner is deceased.

All of the above are waiver situations.

Those seeking to file for a waiver of the joint filing requirement may file earlier as soon as they qualify for the waiver.

If an alien cannot qualify for any of the above waivers and is separated but not yet divorced at the mandated time to jointly file there are specific procedures that apply.

Read:
http://www.mario-ramos.com/blog/arch.../04/index.html

April 27, 2005 "Further Clarification from NSC of the Effect of Separation/Divorce on I751"

[Michael]

I have better chances by applying as a battered spouse(mental abuse)

- Ah the old abuse standby; you are an ugly, disgusting and despicable human being. You deserve a man who really abuses and I know one day you will meet that man and get the whooping you deserve; you are a LIAR, a CHEATER and a FRAUD !!! GET OFF MY BOARD NOW !

[sappyconifer]

from aguila postings, he filed battered self petition and sent tons of tons proofs-full of truck-with his petition.

I searched the aguila posts and from what I read he filed two waivers. Bona fide marriage that ended in divorce and extreme cruelty. I didn't find a post that indicated which waiver was approved.

[sappyconifer]

I think you misunderstood his post. The reference to an I751 that would be voided after submission of a later I751 was toa jointly filed I751. USCIS will automatically void a jointly-filed I751 once they are aware that the parties have divorced.

The explanation of aguila's approval is here. As you can see he submitted both waivers, but does not indicate which one was successful.

http://discuss.ilw.com/eve/forums/a/...21#81810950721

[Michael]

Lani says that he used a truck. This is a lie. I doubt that anyone would have enough materials that it would not fit in a flex folder or a trunk of a car quite easily. I doubt that a Federal Building would allow a truck near it. Even in Manhattan, the building is cordoned off with cars and concrete barricades and I am sure that the NJ office where Aguila went to is the same. Any truck parked in Newark would most likely get stolen. How would Aguila carry a "truckload" of papers into the office? I doubt any officer would tolerate that. I believe that the statement that he used a truck is an outright lie !

[Michael]

A lie is a lie !!

[susana]

Hi,Lani:
are you sure that the rate of waiver of joint file I751 is very low successful?
I have the similar situation with this case.

[sappyconifer]

susana,

There are no statistics showing that all waivers carry a low success rate. Some are more difficult to receive than others, but it all depends upon the evidence an alien has.

Pay little attention to Lani. From what I can see he/she often contradicts his/her own statements.

[susana]

Thanks, sappyconifer

[Mrs. lonely heart]

Sappyconifer!

Thank you so much for all the information you provided.
I talked to a paralegal and he said that I qualify to apply either filing for waiver of joint-filing requirement after termination of marital bond OR file a waiver as an abused spouse.
The choice will be a matter of providing enough/strong evidence of the abuse, since I did not place charges against abusive spouse.
He says backup from psychologists and the restraining order may not be enough.
The first option seems more appropriate.
I'll definitely need the help of an immigration as soons as divorce is final.
Thanks a lot for your help.

[sappyconifer]

Glad to help. A little expressed fact is that although an alien can submit more than one waiver (though there is an inclination within USCIS not to encourage it) all waivers required that the alien demonstrate a bona fide marriage. As such, unless it is an unusual case where the alien's opportunity is constrained by timing of divorce or involves the death of a spouse, what is the purpose of filing more than the one that requests removal of conditions based upon a genuine marriage that terminated in dovorce or annulment? You have to satisfactorily prove a bona fide marriage anyway, in order to prevail on any of the waivers.

[sappyconifer]

The 2-yr conditional status is awarded at adjustment on marriages that are relatively recent. USCIS reviews after 2 years to get another view of the marriage and to see that the couple have continued to hold themselves out as married. Bona fides of marriages that are young may not be well-enough established at the adjustment phase to be able to gain a definitive view.

[Michael]

I was told by a certain well-known charity that helps foreign women that this was an "INS trick" (When it was called INS). The idea is that the immigrant's real intention will be exposed given the opportunity to leave the spouse with a green card. As we have seen on this board, it seems to work. I do not believe for one second that an immigrant who married in good faith would leave their spouse within two years in such a way that the spouse would not help them complete their paperwork despite the foeigners desire to leave the mariage. I was married before to an American and we remained friends for two years after she left and if she came to me for help for anything today, I would be more than happy to help her. This is the way it is with bonafide marriages. I do not believe for one second that all these spouses that divorce the foreigner all of a sudden and for no reason began abuse the second the immigrant got the green card and are so vindictive that they won't help complete the process unless they were defrauded.